DOD gives same-sex partners some benefits

The Defense Department is extending many personnel benefits to same-sex couples — but housing, health care and some burial and travel benefits will still be denied under the Defense of Marriage Act, officials announced Monday.

Pentagon officials said they reviewed all of the benefits available to service members, retirees and their spouses and dependents and determined that benefits for housing, health care, burials at Arlington National Cemetery and travel waivers for overseas assignments are not allowed under DOMA. Those benefits are available to spouses, the officials said, and DOMA defines marriage as between a man and a woman.

Text Size

-

+

reset

The officials said they’re still reviewing those rules and will closely watch the Supreme Court’s upcoming decision on the constitutionality of DOMA, expected sometime in June.

“One of the legal limitations to providing all benefits at this time is the Defense of Marriage Act, which is still the law of the land,” outgoing Defense Secretary Leon Panetta said in a statement. “While it will not change during my tenure as secretary of Defense, I foresee a time when the law will allow the department to grant full benefits to service members and their dependents, regardless of sexual orientation.”

Same-sex couples will now be able to receive benefits for child care, family readiness support, emergency leave, commissary and base exchange privileges, sexual assault programs, school transportation for dependents, death and disability compensation, pay benefits for service members who are missing in action, legal assistance, space available travel on military transport, participation in military surveys, emergency leave and the ability to get a hostile environment waiver if both service members are deployed to a war zone.

But some of the most crucial benefits — housing and health care — are still unavailable. “If the wording (of the benefit) was ‘spouses and kids,’ then it’s not on this list,” a Pentagon official explained.

Gay rights advocates said they’re pleased with the decision, but are still lobbying to get all benefits approved.

"Today, the Pentagon took a historic step forward toward righting the wrong of inequality in our armed forces, but there is still more work to be done,” said Human Rights Campaign President Chad Griffin. “Gay and lesbian service members and their families sacrifice every day, and this country owes them every measure of support we can provide. Since the repeal of Don't Ask, Don't Tell, the Obama administration has shown true leadership on this issue. But even today, the discriminatory Defense of Marriage Act makes inequality for gay and lesbian military families a legal requirement.

“It's time to right this wrong,” he said. “The Supreme Court should strike down this hateful law once and for all so that this country can finally guarantee full equality for all who serve."